Tag Archives: willmaker

What does the ‘residue’ or ‘to give the residue of my estate’ mean?

The residue of a deceased person’s estate is what is left over after the payment of all expenses in connection with the estate.

Expenses include payment of the funeral, costs incurred in the administration of the estate, payment of the deceased’s debts, the discharge of any liabilities of the deceased, and the distribution of any specific gifts made under their will.

The residue or residuary estate is property of the deceased not disposed of by the terms of their will.

Meaning of “issue”

"Issue" is a legal term meaning all descendants, including children, click the graphic above to read more.

Distribution per stirpes

Per stirpes and per capita are terms describing two ways of distributing a deceased person's property to their descendants. Click the graphic to read more.

Per capita distribution

Per capita distribution is a method of distributing a deceased estate - click the graphic to read more.

Whole blood relations: two common ancestors.

Half-blood relations: one common ancestor.

Related by affinity: is related by marriage.

Consanguinity: is related by blood.

Find a Lawyer

To find a legal practitioner in your state or territory providing legal services in wills and estates, contact your state or territory's law society; links to websites are listed under Australian Law Societies here.

"Solon was the first legislator who introduced wills into Athens; but in many other parts of Greece they were totally discountenanced. In Rome they were unknown, 'till the laws of the Twelve Tables were compiled, which first gave the right of bequeathing;"

Sir William Blackstone, Commentaries on the Laws of England, citation here.

Succession law contains the legal rules and principles regulating the transfer of a person’s property when they die to those entitled to inherit, either under the person's will, or by the statutory rules of intestacy, if they left no will.
Depending on the circumstances, a variety of other interconnected areas of law may apply.

WillsHub is intended for general information and interest only on Australian succession and inheritance law. It is not legal advice nor should it be relied upon as such. Everyone's situation is unique, however it may seem like another's. Readers should seek their own professional advice specific to their circumstances and rely on that. Please read the Terms of Use.